BILL NUMBER: SB 955 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Beall
FEBRUARY 4, 2016
An act to amend Sections 1026 and 2968 of the Penal Code, and to
add Section 4146 to the Welfare and Institutions Code, relating to
criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
SB 955, as introduced, Beall. State hospital commitment:
compassionate release.
Existing law requires, when a defendant pleads not guilty by
reason of insanity, that a jury determine whether the defendant was
sane or insane at the time the offense was committed. Under existing
law, if a defendant is found to be not guilty by reason of insanity,
the court is required to commit the person to a state hospital,
public or private treatment facility, or place him or her on
outpatient status, as specified. Existing law requires the Director
of State Hospitals to notify the Board of Parole Hearings, and
requires the State Department of State Hospitals to discontinue
treating a parolee, if the prisoner's severe mental disorder is put
into remission during the parole period, and can be kept in
remission. Existing law, subject to exceptions, authorizes the
release of a prisoner from state prison if the court finds that the
prisoner is terminally ill with an incurable condition caused by an
illness or disease that would produce death within 6 months, as
determined by a physician employed by the department, and that
conditions under which the prisoner would be released or receive
treatment do not pose a threat to public safety.
This bill would establish similar release provisions for a
defendant who has been committed to a state hospital because, among
other reasons, the defendant is incompetent to stand trial or has a
severe mental disorder. The bill would require the Director of State
Hospitals to notify the Board of Parole Hearings, and would require
the State Department of State Hospitals to discontinue treating a
parolee, if the prisoner meets the criteria established by the bill
for release from the state hospital. The bill would make additional
conforming changes and would authorize the director to adopt
emergency regulations to implement these provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1026 of the Penal Code is amended to read:
1026. (a) When a defendant pleads not guilty by reason of
insanity, and also joins with it another plea or pleas, the defendant
shall first be tried as if only such those
other plea or pleas had been entered, and in that trial the
defendant shall be conclusively presumed to have been sane at the
time the offense is alleged to have been committed. If the jury
shall find finds the defendant guilty,
or if the defendant pleads only not guilty by reason of insanity,
then the question whether the defendant was sane or insane at the
time the offense was committed shall be promptly tried, either before
the same jury or before a new jury in the discretion of the court.
In that trial, the jury shall return a verdict either that the
defendant was sane at the time the offense was committed or was
insane at the time the offense was committed. If the verdict or
finding is that the defendant was sane at the time the offense was
committed, the court shall sentence the defendant as provided by law.
If the verdict or finding be is that
the defendant was insane at the time the offense was committed, the
court, unless it shall appear appears
to the court that the sanity of the defendant has been recovered
fully, shall direct that the defendant be committed to the State
Department of State Hospitals for the care and treatment of the
mentally disordered or any other appropriate public or private
treatment facility approved by the community program director, or the
court may order the defendant placed on outpatient status pursuant
to Title 15 (commencing with Section 1600) of Part 2.
(b) Prior to making the order directing that the defendant be
committed to the State Department of State Hospitals or other
treatment facility or placed on outpatient status, the court shall
order the community program director or a designee to evaluate the
defendant and to submit to the court within 15 judicial days of the
order a written recommendation as to whether the defendant should be
placed on outpatient status or committed to the State Department of
State Hospitals or other treatment facility. No
A person shall not be admitted to a state
hospital or other treatment facility or placed on outpatient status
under this section without having been evaluated by the community
program director or a designee. If, however, it appears to the court
that the sanity of the defendant has been recovered fully, the
defendant shall be remanded to the custody of the sheriff until the
issue of sanity shall have has been
finally determined in the manner prescribed by law. A defendant
committed to a state hospital or other treatment facility or placed
on outpatient status pursuant to Title 15 (commencing with Section
1600) of Part 2 shall not be released from confinement, parole, or
outpatient status unless and until the court which
that committed the person shall,
person, after notice and hearing, find
finds and determine determines
that the person's sanity has been restored.
restored, or meets the criteria for release pursuant to Section 4146
of the Welfare and Institutions Code. Nothing in this section
shall prevent preve nts the
transfer of the patient from one state hospital to any other state
hospital by proper authority. Nothing in this section shall
prevent prevents the transfer of the patient to
a hospital in another state in the manner provided in Section 4119 of
the Welfare and Institutions Code.
(c) If the defendant is committed or transferred to the State
Department of State Hospitals pursuant to this section, the court
may, upon receiving the written recommendation of the medical
director of the state hospital and the community program director
that the defendant be transferred to a public or private treatment
facility approved by the community program director, order the
defendant transferred to that facility. If the defendant is committed
or transferred to a public or private treatment facility approved by
the community program director, the court may, upon receiving the
written recommendation of the community program director, order the
defendant transferred to the State Department of State Hospitals or
to another public or private treatment facility approved by the
community program director. Where If
either the defendant or the prosecuting attorney chooses to contest
either kind of order of transfer, a petition may be filed in the
court requesting a hearing hearing,
which shall be held if the court determines that sufficient grounds
exist. At that hearing, the prosecuting attorney or the defendant may
present evidence bearing on the order of transfer. The court shall
use the same procedures and standards of proof as used in conducting
probation revocation hearings pursuant to Section 1203.2.
(d) Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the community program
director or a designee.
(e) When the court, after considering the placement recommendation
of the community program director required in subdivision (b),
orders that the defendant be committed to the State Department of
State Hospitals or other public or private treatment facility, the
court shall provide copies of the following documents prior to the
admission of the defendant to the State Department of State Hospitals
or other treatment facility where the defendant is to be committed:
(1) The commitment order, including a specification of the
charges.
(2) A computation or statement setting forth the maximum term of
commitment in accordance with Section 1026.5.
(3) A computation or statement setting forth the amount of credit
for time served, if any, to be deducted from the maximum term of
commitment.
(4) State summary criminal history information.
(5) Any arrest reports prepared by the police department or other
law enforcement agency.
(6) Any court-ordered psychiatric examination or evaluation
reports.
(7) The community program director's placement recommendation
report.
(8) Any medical records.
(f) If the defendant is confined in a state hospital or other
treatment facility as an inpatient, the medical director of the
facility shall, at six-month intervals, submit a report in writing to
the court and the community program director of the county of
commitment, or a designee, setting forth the status and progress of
the defendant. The court shall transmit copies of these reports to
the prosecutor and defense counsel.
(g) For purposes of this section and Sections 1026.1 to 1026.6,
inclusive, "community program director" means the person, agency, or
entity designated by the State Department of State Hospitals pursuant
to Section 1605 of this code and Section 4360 of the Welfare and
Institutions Code.
SEC. 2. Section 2968 of the Penal Code is amended to read:
2968. If the prisoner's severe mental disorder is put into
remission during the parole period, and can be kept in remission,
or if the prisoner meets the criteria for release pursuant to
Section 4146 of the Welfare and Institutions Code, the Director
of State Hospitals shall notify the Board of Parole Hearings and the
State Department of State Hospitals shall discontinue treating the
parolee.
SEC. 3. Section 4146 is added to the Welfare and Institutions
Code, to read:
4146. (a) (1) A physician employed by the department who
determines that a patient has six months or less to live shall notify
the medical director and the patient advocate of the prognosis. If
the medical director concurs with the diagnosis, he or she shall
immediately notify the Director of State Hospitals. Within 72 hours
of receiving notification, the director or the director's designee
shall notify the patient of the discharge procedures under this
section and obtain the patient's consent for discharge. The director
or director's designee shall arrange for the patient to designate a
family member or other outside agent to be notified as to the patient'
s medical condition, prognosis, and release procedures under this
section. If the patient is unable to designate a family member or
other outside agent, the director or the director's designee shall
contact any emergency contact listed, or the patient advocate if no
contact is listed.
(2) The director or the director's designee shall provide the
patient and his or her family member, agent, emergency contact, or
patient advocate with updated information throughout the release
process with regard to the patient's medical condition and the status
of the patient's release proceedings, including the discharge plan.
(3) The patient or his or her family member or designee may
contact the medical director or director at the state hospital where
the patient is located or the Director of State Hospitals to request
consideration for a recommendation from the director to the court
that the patient's commitment be dismissed and the patient released
from the department facility.
(4) Upon receipt of a notification or request pursuant to
paragraph (1) or (3), respectively, if the Director of State
Hospitals determines that a patient satisfies the criteria set forth
in paragraph (5), the director may recommend to the court that the
patient's commitment be dismissed and the patient released from the
department facility.
(5) The court shall have the discretion to dismiss the commitment
and release the patient if the court finds that the facts described
in subparagraphs (A) and (B) or subparagraphs (B) and (C) exist:
(A) The patient is terminally ill with an incurable condition
caused by an illness or disease that would likely produce death
within six months, as determined by a physician employed by the
department.
(B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
(C) The patient is permanently medically incapacitated and
requires 24-hour total care, and the medical director responsible for
the patient's care and the Director of State Hospitals both certify
that the patient is incapable of receiving mental health treatment.
(b) Within 10 days of receipt of a recommendation for release by
the director, the court shall hold a noticed hearing to consider
whether the patient's commitment should be dismissed and the patient
released.
(c) A recommendation for dismissal submitted to the court shall
include at least one medical evaluation, a discharge plan, a
postrelease plan for the relocation and treatment of the patient, and
the findings listed in paragraph (5) of subdivision (a). The court
shall order the medical director to send copies of all medical
records reviewed in developing the recommendation to both of the
following parties:
(1) The district attorney of the county from which the patient was
committed.
(2) The public defender of the county from which the patient was
committed, or the patient's private attorney, if one is available.
(d) The matter shall be heard before the same court that
originally committed the patient, if possible.
(e) If the court approves the recommendation for dismissal and
release, the patient's commitment shall be dismissed and the patient
shall be released by the department within 72 hours of receipt of the
court's order, unless a longer time period is requested by the
director and approved by the court.
(f) The director or his or her designee shall ensure that upon
release, the patient has each of the following in his or her
possession, or the possession of the patient's representative:
(1) A discharge plan.
(2) A discharge medical summary.
(3) Medical records.
(4) Identification.
(5) All necessary medications.
(6) Any property belonging to the patient.
(g) After discharge, any additional records shall be sent to the
patient's forwarding address.
(h) The director may adopt regulations to implement this section.
The adoption of regulations for the implementation of this section by
the department is exempt from the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code).